TERMS & CONDITIONS

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FilesTube.to/FilesTube.com - Terms of Use
Effective Date: 14 October, 2014

General Provisions

The Provider – an entity providing access to this website, accessible under the URL: www.filestube.to or www.filestube.com (as applicable), that is Red Sky Sp. z o. o., a company duly incorporated under the laws of Poland, with its registered office in Szczecin, at Aleja Piastów 22, Szczecin 71-064, Poland, entered into the register of entrepreneurs of the National Court Register maintained by the District Court Szczecin-Centrum in Szczecin – the Commercial Court, XIII Commercial Department of the National Court Register, with KRS number 0000209107, NIP (tax identification number): 6422683651 and REGON (national business registry number): 276822679, amount of the share capital of PLN 1,046,000.00 covered in whole.

Affiliate – the User who meets requirements (as specified below) allowing him/her to join and participate in the Program.

Contact Form – an electronic document found in the website dedicated for making contact with the Provider.

Program – a pay per click affiliate program developed by the Provider enabling Users to earn money.

Register Form – an electronic document found in the website dedicated for registering a User’s account in the website.

Terms of Use – this document, specifying the terms and conditions of using the website as well as the rights and obligations of Users and the Provider. The Terms of Use constitute a binding agreement between you and the Provider, regarding your use of the website.

User – an individual who has reached the age of majority in his/her jurisdiction, with a full capacity to enter into legal transactions, acting on his/her own behalf, which makes use of the website in accordance with the Terms of Use.

Pursuant to Article 8 sec. 1 par. 1 of the Polish Act of 18 July 2002 on providing services by electronic means (Journal of Laws of 2002, No. 144, item 1204 as amended) the Provider hereby establishes the following Terms of Use.

  1. The website is accessible to anyone with Internet access residing in one of the following countries: United Arab Emirates, Austria, Australia, Belgium, Brazil, Canada, Switzerland, Colombia, Germany, Denmark, Spain, Finland, France, Great Britain, Hong Kong, Indonesia, Ireland, India, Italy, Japan, Korea-South, Sri Lanka, Mexico, Malaysia, Netherlands, Norway, Philippines, Pakistan, Poland, Portugal, Russia, Sweden, Singapore, Thailand, Turkey, Ukraine, U.K., USA, Vietnam, South Africa (hereinafter together as the “Territory”).
  2. The website offers a video-on-demand-service, through which Users can watch films and series. The User can watch films and series on the website via his/her computer through existing broadband internet connection – streaming (i.e. a contemporaneous digital transmission of films and/or series by the Provider via the Internet to a User in such a manner that films and/or series are intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the User). Watching films and series is partially free of charge; partially it is only possible against payment of the respective remuneration.
  3. The Provider reserves the right to change the website functionalities at any time, in particular by introducing new functions and facilities for Users.

Conditions for Using the Website and Rules of Liability

  1. Technical requirements concerning the use of the website are as follows:
    1. Internet connection with a data transfer rate of at least 256 kBit/s;
    2. web browser enabling displaying of hypertext documents (HTML) on a computer screen which are linked with the Internet through a website with activated JavaScript execution and writing cookies files; and
    3. valid and active email account, provided a User decided to create an account.
  2. It is User's responsibility to ensure that the equipment owned by him/her as well as the software used meets the above requirements and allow him/her to use the website.
  3. Before starting the use of the website, a User is obliged to familiarize himself/herself with the provisions of these Terms of Use and with the Privacy Policy. Access and use of the website is equivalent to accepting these Terms of Use and the Privacy Policy.
  4. A User undertakes to respect these Terms of Use while using the website, both in its current wording and with any later amendments.
  5. A User who decided to create an account can hold only one account. The account cannot be transferred to third party or used by such a third party.
  6. A User may not allow anyone else to use his/her login details or give them to any third party. If so, the User accepts full responsibility for the consequences of this and agrees to fully indemnify and hold the Provider harmless from any damage or harm that may occur.
  7. A User undertakes to abstain from any actions that could hinder or destabilize the operation of the website. The Provider may, without any previous notice, undertake any action available, inclusive of a demand for compensation, as a response to any malicious activities or any other breach of the applicable law or these Terms of Use.
  8. Without limiting any other provision in these Terms of Use, a User may not use the website to do the following or assist others to do the following:
    1. link to the website from another website or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or the Provider deems, in its sole discretion, to be otherwise objectionable;
    2. frame the website, display the website in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Provider and any third person or potentially deprive the Provider of revenue (including, without limitation, revenue from advertising, branding or promotional activities);
    3. violate any person's or entity's legal rights (including, without limitation, intellectual property rights or privacy rights), transmit material that violates or circumvents such rights or remove or alter intellectual property or other legal notices;
    4. transmit files that contain viruses, spyware, adware or other harmful code;
    5. advertise or promote goods or services the Provider deems, in its sole discretion, to be objectionable (including, without limitation, by sending spam);
    6. download or try to download any film and/or series available through the website;
    7. access or try to access any film and/or series outside the Territory
    8. embed or try to embed the website’s video player in any other website;
    9. interfere with others using the website or otherwise disrupt the website;
    10. transmit, collect or access Users’ personal data without the consent of those Users and the Provider;
    11. engage in unauthorized spidering, scraping or harvesting content, contact or other personal data or use any other unauthorized automated means to compile information;
    12. defeat any access controls, access any portion of the website that the Provider has not authorized User to access (including password-protected areas), link to password-protected areas, attempt to access or use another User’s account or information or allow anyone else to use User's account or access credentials.
  9. The Provider is authorized to immediately, without prior notice, terminate an agreement, suspend or permanently remove the account of the User who breaches these Terms of Use. In such a case the Provider shall not bear any liability vis-à-vis User.
  10. If User uses a Contact Form, and/or Register Form s/he is obliged to give real information, true to facts of the case.
  11. The Provider undertakes to ensure possibly the highest quality and stability of the website, however within the maximum extent allowed by applicable law, the Provider shall not be liable for any breaks or disturbance caused by force majeure or unauthorized activity of third parties.
  12. Within the maximum extent allowed by applicable law, the Provider shall not be liable for temporary inability to use the website, caused by the implementation of new solutions and facilities within the framework of the website. As much as possible, the Provider will be notifying Users of any scheduled breaks in the website operation and accessibility or any inconveniences that may occur in its use. The Provider reserves the right to conduct maintenance works on the IT system equipment used to provide access to the website, which may temporarily cause difficulties or make it impossible for Users to use selected services or the entire website. In such a case the Provider shall not bear any liability vis-à-vis Users.
  13. In special cases affecting the security or stability of the website, the Provider reserves the right to temporarily reduce or suspend the access to the website without previously notifying Users and to conduct maintenance works aimed to reinstate the security and stability of the website. In such a case the Provider shall not bear any liability vis-à-vis Users.
  14. The Provider shall not bear any liability for the activities of Users or any third parties, contrary to the purpose of the website operation, specified in these Terms of Use.
  15. Within the maximum extent allowed by applicable law, the Provider shall not bear any liability in case of other Users or third party submitting any claims towards the Provider regarding a breach of the Terms of Use or the law in force, either by other Users or by third party. Only a User or third party being in breach of the law in force shall be liable in such a case.
  16. Within the maximum extent allowed by applicable law and irrespectively of all other provisions of these Terms of Use, in case any third parties submitting claims vis-à-vis Provider, its licensees, sublicenses and their legal successors that result from a User infringing law and in particular any author’s economic copyright or author’s moral copyright, derivative rights, trademark or trade name or other rights in intangible assets, the User shall release the Provider, its licensees, sublicenses and their legal successors from any liabilities resulting from such claims and shall cover all costs incurred by the Provider, its licensees, sublicenses and their legal successors, incurred by these entities in connection with submission of claims, referred to hereinabove.
  17. A User shall, at his/her own cost and upon a request by the Provider, join any court proceedings, instituted against the Provider, if the rules of a procedure applying in given proceedings permit it, opposing claims or concluding relevant agreements or assuming liability within the scope in which the claims regard a User infringing business secrets, copyright, trademarks or other intellectual property rights of a third party.
  18. Upon a request by the Provider, User agrees to defend, indemnify, and hold the Provider and its subsidiaries, parent and other affiliated companies, and their employees, contractors, officers, and directors harmless from all liabilities, damages, losses, claims, costs and expenses, including, but not limited to, reasonable attorney's fees that arise from User’s use or misuse of the website and related to third party claims, charges or investigations, caused by (a) User’s failure to comply with these Terms of Use. The Provider reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event User will cooperate with the Provider in asserting any available defenses.
  19. Irrespectively of all other provisions of these Terms of Use, in case any third persons submitting claims vis-à-vis the Provider, its licensees, sublicenses and their legal successors or entities onto which the Provider transferred rights resulting hereunder that result from User's infringing any author's economic rights or author's moral rights, derivative rights, violating a patent, a registered design, trademark or trade name or other rights in intangible assets, a User shall release the Provider, its licensees, sublicenses and their legal successors or entities onto which the Provider transferred rights resulting hereunder from any liabilities resulting from such claims and shall cover all costs incurred by the Provider, its licensees, sublicenses and their legal successors or entities onto which the Provider transferred rights resulting hereunder, incurred by these entities in connection with submission of claims, referred to hereinabove.

Program

  1. A User must be 18 years of age or older to join the Program and provide his/her full name, a valid email address, and any other information requested in order to complete the sign up process for an Affiliate account ("Affiliate account").
  2. Each Affiliate can have only one Affiliate account.
  3. An Affiliate can manage its widget(s) referring to this website through the Affiliate account.
  4. Affiliates will be paid for clicks on the URL link(s) and/or widget(s), referring to a film and/or series within this website, which is viewed by a visitor for at least 5 seconds and referrals have cookies, JavaScrpit and Adobe Flash installed and enabled.
  5. The only legitimate way to open the URL link(s) and/or widget(s) referring to this website is with a mouse click. The Provider reserves the right to not pay for clicks generated by Affiliates, on their own links.
  6. The Provider may without prior notice, terminate an agreement, suspend or permanently remove the access to the Program of the Affiliate, if any meaningful spam complaints naming the Provider or the website result from Affiliate's activities. The Provider does not condone spamming and any complaints received due to misuse of this Program may result in the forfeit of any money accrued by an Affiliate.
  7. Payments from the Provider are made through PayPal and Payoneer roughly once per month. A billing cycle starts on the 1st each month and ends on the last day of the calendar month. Payments are made on the tenth (10) day of the following month. In case the payment day shall be on statutory holiday in Poland, the payment shall be made on the next business day. An Affiliate must have a valid PayPal or Payoneer account to receive referral fees, as the Provider does not offer payment via cheque/check, credit card, cash or other method. The minimum amount available for a withdrawal is USD 5 for PayPal and USD 20 for Payoneer. In other words, an Affiliate must have enough clicks to earn at least USD 5 (PayPal payment) before a payment will be made. If the minimum amount available for a withdrawal is not met in time for the payment cycle, the payment will not be made until the next monthly billing cycle in which the USD 5 (PayPal payment) minimum has been reached. If the minimum amount available for a withdrawal is not met for the period of the first 12 months from the day of registering the Affiliate account, a Provider will charge monthly administration fee for cash deposit in the amount of USD 1. The aforementioned administration fee will be charged until balance of the Affiliate account reaches USD 0.
  8. The referral fee structure is subject to change at the Provider's discretion.
  9. The Provider will only pay referral fees for clicks that are automatically tracked and reported by Provider’s billing system. For Provider’s billing system to track the referral, the visitor must have cookies enabled. The Provider will not pay referral fees if the click was not tracked by its system.
  10. The Provider reserves the right to disqualify referral fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
  11. Affiliates may not use the Program for any illegal or unauthorised purposes. An Affiliate must not, in the use of the Program, violate any laws in his/her jurisdiction (including but not limited to copyright laws). In particular, an Affiliate is prohibited from:
    1. advertising the website directly on any form of traffic exchange/PTC website;
    2. placing the URL link(s) and/or widget(s) referring to this website anywhere that may: (i) contain any types of content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials; (ii) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (iii) contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of Affiliate’s referral fee from another website;
    3. offering any incentive for a visitor to click on the URL link(s) and/or widget(s) referring to this website, including gifts/points/cash;
    4. asking/begging people to click on the URL link(s) and/or widget(s) referring to this website simply to generate Affiliate’s referral fee;
    5. creating 'redirect loops' to generate Affiliate’s referral fee;
    6. spamming with the URL link(s) and/or widget(s) referring to this website anywhere, including forums/chat/comments/blogs;
    7. participating in click 'rings' where an Affiliate clicks on others URL link(s) and/or widget(s) in return for others to click on the Affiliate’s URL link(s) and/or widget(s) referring to this website;
    8. automatically redirecting to the URL link(s) and/or widget(s) referring to this website with JavaScript redirect or meta-refresh (only a HTTP redirect is allowed);
    9. clicking on the URL link(s) and/or widget(s) referring to this website on his/her own (An Affiliate may click on his/her own URL link(s) and/or widget(s) referring to this website one time to test it).
  12. All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on Affiliate’s involvement in the Program and shall be the responsibility of, and payable by an Affiliate.

Moment of Concluding of the Agreement

  1. An agreement for providing access to the website is concluded upon entering and/or registration in the website and simultaneous familiarization with these Terms of Use and Privacy Policy. User cannot access and use the website and use it without prior acceptance of these Terms of Use and Privacy Policy.
  2. Registration may be made by accessing the website, filling a Register Form and clicking on “Sign Up”.
  3. Once the registration in the website is made the Provider will send a User an email. A User needs to check his/her inbox (or SPAM folder) and click the confirmation link included in the message, or copy and paste it into a browser address bar. A User can terminate the agreement for providing access to the website, effective forthwith, at any time and without stating any reasons by deleting his/her account. To that aim, the User needs to submit a relevant declaration of intent through the following e-mail address: support@FilesTube.to or support@FilesTube.com (as applicable).
  4. A User may stop using the website at any time.
  5. According to Article 10 sec. 3 par. 5 of the Polish Act of 2 March 2000 on the protection of certain consumer rights and on the liability for damage caused by a dangerous product (Journal of Laws of 2000, No. 22, item 271 as amended) the User, who concluded an agreement for providing access to the website, has no right to withdraw from this agreement but has the right to terminate the agreement for providing access to the website at any time.

Complaints

  1. A User has the right to lodge a complaint if the Provider does not fulfil its obligations specified herein or if the Provider fulfils them in a manner contrary to the provisions hereof.
  2. A complaint can be lodged through the following Contact Form or by way of a traditional letter send to the following address: Red Sky Sp. z o.o., Aleja Piastów 22, Szczecin 71-064, Poland. A complaint should include, in particular, an issue constituting the basis for a complaint and User identification information (name, email, and in case of a traditional letter also a correspondence address).
  3. The Provider reserves the right to contact Users if further information is required and a User is obliged to supply it promptly.
  4. Within 14 calendar days of receiving User’s complaint in proper form the Provider will:
    1. complete its internal investigation and advise User of its decision; or
    2. inform a User that it needs more time to complete the investigation.
  5. If a complaint cannot be considered in the specified deadline, the Provider shall in that time notify by email User submitting a complaint of the reasons for such a delay and the expected date for complaint resolution and additionally provide a User with weekly updates of the progress of the investigation, except where the Provider is waiting for a response from a User and the User has been advised that the Provider requires User’s response.
  6. A complaint should be submitted within 30 calendar days as of the moment when the reasons for the complaint have become apparent.
  7. On completion of the investigation, the Provider will advise User of the outcome and the reasons for its decision with reference to the relevant provisions of these Terms of Use.
  8. If a User is not satisfied with Provider’s decision with respect to the lodged complaint, the User may wish to take the matter to an external independent dispute resolution.
  9. A reply to a complaint shall be sent to an email address or a correspondence address indicated by User submitting a complaint.
  10. Provider shall not consider complaints resulting from ignorance of the law in force, provisions of these Terms of Use, or the information announced on the website.
  11. If the conditions of a complaint procedure are breached, a complaint may not be taken into consideration.

Intellectual Property

  1. The website and all rights related to the website are the exclusive property of the Provider or third parties. All creative elements and in particular films and series accessible through this website are protected by intellectual property rights, and in particularly by copyright. All trademarks, logos, graphics, photographs, animations, videos, texts and other distinctive signs appearing on the websites are the intellectual property of the Provider or third parties. Therefore, they may not be reproduced, used or represented without the prior written authorization of the Provider or third parties.
  2. A User hereby undertakes to respect intellectual property rights (including author's economic rights and industrial property rights, as well as the rights resulting from registration of trademarks) to which the Provider or third parties are entitled.
  3. On the condition that the User complies with all his/her obligations under these Terms of Use, the Provider hereby grants to User a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data) and to use the website and all content accessible through the website as the Provider intends the website to be used, and only in accordance with these Terms of Use. Provider grants to the User no other rights, implied or otherwise. User will not nor will User allow any third party to: (a) copy, modify, adapt, translate or otherwise create derivative works of the website and any and all content accessible through the website; (b) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the website; (c) rent, sublicense, lease, sell, assign or otherwise transfer rights (or purport to do any of the same) in or to the website and any and all content accessible through the website; and (d) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the website. User will use the website solely for his/her own internal use. User will comply with all applicable laws and regulations relating to the use of and access to the website. The license granted above and User's right of use of the website and all content accessible through the website will terminate immediately if User fails to comply with these Terms of Use.
  4. Personal Data Protection and Privacy Policy
  5. The collection, use and disclosure by the Provider of User’s personal data are governed by the provisions of the Privacy Policy, available on the website. A User consents to the use and disclosure of User’s personal data in the circumstances stated in that Privacy Policy.
  6. A User shall carefully read the full Privacy Policy before deciding to become a User.
  7. In case a User is making use of the website in a manner violating these Terms of Use or the law in force, the Provider shall have the right to use the User’s personal data within the scope necessary to establish his/her liability. In such a case the Provider shall notify the User of his/her committing illegal activities with a demand of their immediate cessation.

Final Provisions

  1. The Terms of Use enter into force on October 14, 2014.
  2. The Terms of Use are available to Users here.
  3. The Provider reserves the right to modify, supplement, replace or change otherwise these Terms of Use at any time, and in particular by introducing new Terms of Use, for one or more of the following reasons:
    1. to comply with any change or anticipated change in any relevant law or code of practice;
    2. to reflect any decision of a court, ombudsman or regulator;
    3. to reflect a change in our systems or procedures, including for security reasons;
    4. as a result of changed circumstances (including by adding benefits or new features to the website);
    5. to respond proportionately to changes in the cost of providing services offered via the website; or
    6. to make them clearer.
  4. If any law regulates a change the Provider decides to make, the Provider can only make the change to the extent permitted by the law.
  5. If a change is required in the Provider’s view to restore or maintain the security of the website, the change may be made immediately and without prior notice to Users.
  6. In case of any modifications, supplements, replacements or other changes of these Terms of Use the User will be informed about them by means of the appropriate announcement posted on this website's home page. Modifications, supplements, replacements or other changes take effect on the date specified by the Provider, which may not be earlier than 14 calendar days from the date of the said announcement. The User who does not agree to the modifications, supplements, replacements or other changes of these Terms of Use may terminate the agreement with the Provider and shall forthwith inform the Provider about that by sending the relevant declaration using the following e-mail address: support@FilesTube.to or support@FilesTube.com (as applicable). Termination shall become effective upon receiving User’s statement but not earlier than on the date of entry into force of the amended Terms of Use. Continued use of this website after modifications, supplements, replacements or other changes have been effectively made to these Terms of Use indicates User's acceptance of the amended Terms of Use.
  7. Neither party to this agreement may assign or transfer any of their rights or obligations under the agreement without the prior consent of the other. If undertaken pursuant to a merger, reorganization or restructuring involving the Provider, or the sale of its business by the Provider, the Provider may, by notice to a User, transfer or assign its rights, or novate its rights and obligations, under these Terms of Use and the User will be deemed to have consented to such transfer, assignment or novation.
  8. The Terms of Use shall be governed by the laws of Poland, without regard to its conflicts of laws principles.

If you have any queries regarding or comments on these Terms of Use, please email us using the following e-mail address: support@FilesTube.to or support@FilesTube.com (as applicable).